State v. F/R Cattle Co. Inc.

OPINION

McCLOUD, Chief Justice.

On Remand

The issue on remand is whether the evidence is factually sufficient to support the trial court’s findings that the calf feeding facility operated by F/R Cattle Company, Inc. was normal, usual, and natural for “the area and locality” and that the odor produced by the facility was normal and usual for “the vicinity.”1 We hold that the evidence is sufficient and affirm.

Originally, this court held that, as a matter of law, it was abnormal and unusual, without regard to location, to concentrate approximately 6,000 baby calves in 1,500 small hutches and in…